H A & KM Athorn (the proponent) received approval from the Minister for the Environment to develop a non organic (dry) landfill at Reserve 25252, Wanneroo Road, Nowergup on 7 June 1991 subject to a number of legally binding Environmental Conditions (Ministerial Statement 145).
The site has been operational since early September 1991 and is expected to be operational for only a few more months.
In providing a definition of dry inert materials which would be acceptable at the site, the Environmental Protection Authority needed to define what materials would be considered dry, because some materials with a high liquid content are essentially solid materials. In order to provide an example of a material with a high water content which would be considered to be a sludge, rather than a dry material, the Authority used wet concrete as an example.
In July 1992, the Environmental Protection Authority received an application for a concrete batching plant at a location not far from Reserve 25252 and issued a works approval. The proponent (HA & K M Athorn) appealed to the Minister for the Environment, partly on the basis that the restriction placed on the deposition of wet concrete at Reserve 25252 was inconsistent with the works approval for a nearby location. The Minister for the Environment dismissed the appeal and requested the Environmental Protection Authority to inquire into and report on whether or not environmental conditions placed on the above proposal should be changed.
The Environmental Protection Authority approves the disposal of wet concrete at Quarry Reserve 25252. Environmental Protection Authority approval is sufficient to allow wet concrete to be landfilled so no change to environmental conditions is required.